Skip to main content
Tamara Lynn Harper

Tamara Harper’s Answers

35 total

  • My dad filed a response on March 5, the deadline was Feb 28, and my mom filed for default on March 3. Will they allow his resp?

    Dad pre-dated the form for Feb 23 (he's a liar) but it was "filed" on March 5. Will they allow it and how do they prove the form was/wasn't pre-dated ?

    Tamara’s Answer

    The courts will generally look to the date the court document is file stamped by the court clerk. However, the Court may also consider the date the documents were served by looking at the filed proof of service. Court's are generally inclined to hear responses, even if technically late in filing by a day or two in order to avoid the costy process of setting aside a default under CA Civil Code of Procedure 473. If someone does not have their day in court to have a hearing and can somehow contest that notice was not proper or service was incorrect or any other criteria allowed by the Civil Code then the litigant will just keep filing contesting motions and clog up the court process. Thus, courts will generally allow a late filing respondent to have his day in court.

    See question 
  • Can an employer not pay vacation earned in CA during employment? If current employment not in CA.

    Worked in CA for several years without taking all earned vacation time. Now work in a "use it or lose it" state for the same employer. Employer does not want to pay CA earned vacation at time of termination.

    Tamara’s Answer

    At the time of your transfer out of California your paycheck stub should have indicated an amount of accrued, but unearned vacation. If it was never used, the vacation time accrued may indeed be due to you. The California employer must comply with California law. The Department of Labor Standards Enforcement is the agency who will enforce this right for you. You may even file a claim on-line. The difficult position may arise however, if you 1) used any vacation time post transfer or 2) determining a pro-rata portion of vacation per California vs. new state.

    See question 
  • What obligation does a BORROWER have in the event that a death occurs with the LENDER in a simple loan agreement?

    What is an acceptable agreement between a BORROWER and LENDER in the event that death comes to the LENDER? Does the BORROWER still have to pay the loan? But to whom? What could be put in a loan agreement between these two parties to protect the LE...

    Tamara’s Answer

    The borrower's estate is liable for the payment to the lender in the event of death of the borrower. The same holds true for the lender's estate. The lender's estate may continue to collect from the borrower. This is generally done through the probate court (in the event of a will or intestate succession (no will) or through the trustee in the trust administration. The borrower will need to contact the estate representative to determine correct payment contact information. You may also go into the California court system online and check by party name to determine whether or not a probate has been filed. Start in the county in which the decedent passed away in. General language in a loan agreement that contacts the language, "borrower, its subsidiaries, assigns, agents, representative, heirs, estate etc." is generally used to protect the lendor to be able to collect from the estate.

    See question 
  • DO OFFICERS SALARIES AND BONUS HAVE TO BE GIVEN IN DOLLARS IN THE BOARD OF DIRECTORS MINUTES

    DO OFFICERS SALARIES AND BONUS HAVE TO BE GIVEN IN DOLLARS IN THE BOARD OF DIRECTORS MINUTES

    Tamara’s Answer

    No you do not need to set forth specific amounts of officer and board member salaries within the board of director annual minutes. The State of California requires certain items to be prepared on an annual basis. We refer to this as annual corporate compliance and/or governance. The Board of Directors must have annual meetings and minutes as well as the Shareholders. Please review your Bylaws to determine when this meeting is to be held and the notice requirements. The main purpose of the Shareholder minutes is to nominate and elect directors, ratify their actions for the prior year, and approve financials. The main purpose of the Board of Director minutes is to nominate and elect the officers of the corporation, ratify their actions for the prior year and approve financials. The provisions and language can be broad and generaly and need not be specific as to exact dollars paid. There is also a Summary of Transactions that Attorneys Corporation Service provides within the corporate minute book that should be part of the agenda of the meeting and reviewed. If any of the action items therein occurred, you should contact corporate counsel to discuss the appropriate further resolutions needed.

    See question 
  • Is it too risky to get a General Liability policy for a TV-Series, when the director and owner of small productin co is not

    the production services managment compnay and is beign sub-contracted by a larger company that wants to be the production services managment company and only wants to pay an hourly wage. They are handling all the other insurance and employees. Why...

    Tamara’s Answer

    It is never too risky to have general liability insurance. You have not indicated in which capacity you are being contracted e.g. a sole proprietor, company, individual. I recommend that you contact your insurance agent and explain the nature of the contract and transaction and even provide your insurance agent with a copy of the contract and the relevant insurance provisions that are being demanded for his or her review. They may discuss appropriate riders with you. Additionally, you may want to inquire as to the requirements or demands to be named as an additional insured or whether or not it would be appropriate for you to demand the same.

    See question